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boundary fence - what is allowed?

  • 21-11-2011 10:58am
    #1
    Dublin_Mom
    Closed Accounts Posts: 394 ✭✭


    Hello,
    Our deviding 'fence' at present is a mixture of shrubs, old wire fencing etc. New neighbors who are moving in very shortly have a dog, so I assume they will look to erect something that will keep the dog enclosed n their garden.

    What can they erect in terms of a wall or dividing fence? As we are not on particularly good terms with them and they have builders in at the moment, I expect to see some structure put up without us being consulted. can they do this or do they need to ask us first? I don't have an issue with a boundary fence or wall but just wanted to know if we have any say in what is put there.


Comments

  • #2
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    Dublin_Mom wrote: »
    Hello,
    Our deviding 'fence' at present is a mixture of shrubs, old wire fencing etc. New neighbors who are moving in very shortly have a dog, so I assume they will look to erect something that will keep the dog enclosed n their garden.

    What can they erect in terms of a wall or dividing fence? As we are not on particularly good terms with them and they have builders in at the moment, I expect to see some structure put up without us being consulted. can they do this or do they need to ask us first? I don't have an issue with a boundary fence or wall but just wanted to know if we have any say in what is put there.
    concrete posts (so minimum concrete foundations) and timber panels infill - relatively quick and cheap over block wall


  • #3
    Supertech
    Registered Users, Registered Users 2 Posts: 597 ✭✭✭Supertech


    Depends on the height aswell. Certain heights (and types) of boundary fencing are classed as exempted development, while others will require Planning Permission.


  • #4
    Carlow52
    Closed Accounts Posts: 2,389 ✭✭✭Carlow52


    Dublin_Mom wrote: »
    Hello,

    What can they erect in terms of a wall or dividing fence? As we are not on particularly good terms with them and they have builders in at the moment, I expect to see some structure put up without us being consulted. can they do this or do they need to ask us first? I don't have an issue with a boundary fence or wall but just wanted to know if we have any say in what is put there.

    where the erection occurs is more salient than what is erected.

    there is a line delineating the boundary and the shrubs will have been planted on one side or the other of this line as opposed to on it so they may well take the view that the shrubs are theirs to 'doze.

    I cant see them erecting a new fence 100% on thier side of existing shrubs.

    Of course they may decide to let the dog use ur garden as the toilet so no fence.

    in addition to the above, party wall/boundary related issues are more problematic, IMO, since LAND AND CONVEYANCING LAW REFORM ACT 2009 came into force and more importantly, people becoming more aware of it.


    Chapter 3 , Party structures starting at section 43 is, depending on your viewpoint, a mine field
    http://www.irishstatutebook.ie/2009/...7/sec0043.html


  • #5
    Mellor
    Registered Users, Registered Users 2 Posts: 39,900 ✭✭✭✭Mellor


    Dublin_Mom wrote: »
    Hello,
    Our deviding 'fence' at present is a mixture of shrubs, old wire fencing etc. New neighbors who are moving in very shortly have a dog, so I assume they will look to erect something that will keep the dog enclosed n their garden.

    What can they erect in terms of a wall or dividing fence? As we are not on particularly good terms with them and they have builders in at the moment, I expect to see some structure put up without us being consulted. can they do this or do they need to ask us first? I don't have an issue with a boundary fence or wall but just wanted to know if we have any say in what is put there.

    More boundary issues for you.


    To be honest, there's no reason that they have to consult with you.
    I remember at oen point you mentinoed that you were considering not allowing them access to your garden to render the side of their extension. So, if the relationship is that strained, then I don't they'll bother to ask.

    If its on their side, then you've no say really. If its to be shared, then you could come to agreements.
    They mgiht try to stick in a shared boundary without consulting though


  • #6
    kidono
    Closed Accounts Posts: 3 ✭kidono


    Hi All,

    I would be most grateful if somebodycould help with issue. I am looking into buying a bungalow in county wicklow. There is an adjacent derelict bungalow beside it. The owner who is selling the owns bought bungalows - his intention I think is to sell one bungalow and rennovate the other. I recently found out that the septic tank belonging to the bungalow we would like to buy is actually a shared septic tank between the two bungalows. I know that a few sale agreeds havefell through because it was shared and perhaps some planning issues. I would appreciateif anyone could provide info on what I should do? natuarrly I would like for there input into the tank to be cut off but I dont think they would have an adequate area to install a spetic tank on their grounds. So bit of a chicken and egg situation. I think the septic tank will have to be replaced also.

    Any advicewould be great folks,

    Cheers


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  • #7
    mal_1
    Registered Users, Registered Users 2 Posts: 163 ✭✭mal_1


    kidono wrote: »
    Hi All,

    I would be most grateful if somebodycould help with issue. I am looking into buying a bungalow in county wicklow. There is an adjacent derelict bungalow beside it. The owner who is selling the owns bought bungalows - his intention I think is to sell one bungalow and rennovate the other. I recently found out that the septic tank belonging to the bungalow we would like to buy is actually a shared septic tank between the two bungalows. I know that a few sale agreeds havefell through because it was shared and perhaps some planning issues. I would appreciateif anyone could provide info on what I should do? natuarrly I would like for there input into the tank to be cut off but I dont think they would have an adequate area to install a spetic tank on their grounds. So bit of a chicken and egg situation. I think the septic tank will have to be replaced also.

    Any advicewould be great folks,

    Cheers

    No surprises that a sale agreed has fallen through, especially in the present 'banking' climate and the difficulty getting mortgages.

    If one of the bungalows need renovating I take in they are not recent builds.

    Equally if there is other planning issues, (alarm bells) these should be rectified and certified with a certificate of compliance.

    Its really up to the vendor to make both site self sufficient and sale-able.

    Ultimately 2 tanks will have to be provided on the site. which will need site percolation tests & planning.

    How did they propose dividing the site with reference to legal maps and managing the tank?


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